Charged with resisting or obstructing a police officer in Kent County? Start with whether the officers were acting lawfully and what the video shows
A resisting or obstructing charge in Grand Rapids, Kentwood, Wyoming or anywhere else in Kent County often starts with some other stop or arrest. A traffic stop, a call to a home, a fight outside a bar, a trespass complaint. The officer then reports that you pulled away, tensed up, ignored a command or pushed back, and adds a second charge. In Michigan that charge falls under MCL 750.81d, and the basic version is a felony with up to 2 years in prison. Many of these cases rest on the officer’s account of a few seconds of movement. Body camera video, dash camera video and the facts behind the stop or arrest often decide them. Michigan also requires the prosecutor to prove the officers were acting lawfully, which gives you a defense that gets overlooked.
The short answer. Resisting or obstructing a police officer under MCL 750.81d(1) to (4) is a felony with up to 2 years in prison, a fine of up to $2,000, or both. If the officer needs medical care because of it, the maximum is 4 years. A serious impairment of a body function carries up to 15 years, and a death up to 20 years. The prosecutor must prove the officers were acting lawfully, so an unlawful stop or arrest can defeat the charge. Do not physically resist an arrest, even if you think it is wrong. Fight it in court. Do not explain yourself to police before you talk to a lawyer.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years, and I prepare every resisting and obstructing case as if it will be tried. Asking early for the body camera video, the dash camera video, the dispatch recordings and the officers’ reports lets me test the officers’ account before any plea discussion. Big-Firm Power. Street-Level Grit.
This page covers the Michigan resisting and obstructing statute, what each level carries, the lawful-conduct element that makes these cases defensible, the consequences most people do not see coming, and how a defense is built. It goes deeper than my Grand Rapids criminal defense lawyer page. Nothing here predicts how your case will end, and I do not promise outcomes. I do promise to tell you where you stand.
Michigan resisting and obstructing charges and penalties
These are the maximums in the statute. The exposure in your case depends on the facts, your record and the judge. The higher levels apply only when the officer was hurt or killed.
| Charge | Level | Maximum penalty | Statute |
|---|---|---|---|
| Assaulting, battering, wounding, resisting, obstructing, opposing or endangering an officer or other covered person who is performing duties | Felony | Up to 2 years in prison, a fine of up to $2,000, or both | MCL 750.81d(1) |
| The same conduct causing a bodily injury that requires medical attention or medical care | Felony | Up to 4 years in prison, a fine of up to $5,000, or both | MCL 750.81d(2) |
| The same conduct causing a serious impairment of a body function | Felony | Up to 15 years in prison, a fine of up to $10,000, or both | MCL 750.81d(3) |
| The same conduct causing the death of the person | Felony | Up to 20 years in prison, a fine of up to $20,000, or both | MCL 750.81d(4) |
Other charges. The statute does not stop the prosecutor from also charging any other crime you are accused of committing while you were resisting or obstructing. A separate assault count or a fleeing charge can come with it. MCL 750.81d(5).
Consecutive sentences. A prison term for this offense may run consecutively to a term for another offense that arose from the same transaction. That can add time to a sentence. MCL 750.81d(6).
Who is covered. The law is not limited to city police. It covers state police, sheriff’s deputies, constables, campus police, conservation officers, federal peace officers, firefighters, emergency medical personnel and people engaged in a search and rescue operation. MCL 750.81d(7)(b). The Michigan Supreme Court has held that reserve police officers count as police officers under the statute. People v. Feeley, 499 Mich. 429, 436-37 (2016).
What “obstruct” means. The statute says to obstruct includes the use or threatened use of physical interference or force, or a knowing failure to comply with a lawful command. MCL 750.81d(7)(a); People v. Feeley, 499 Mich. 429, 436 (2016).
What the prosecutor has to prove
The act. The state must prove you assaulted, battered, wounded, resisted, obstructed, opposed or endangered an officer. People v. Morris, 314 Mich. App. 399, 413-14 (2016).
Knowledge. The state must also prove you knew or had reason to know the person was an officer performing official duties. MCL 750.81d(1); People v. Morris, 314 Mich. App. 399, 413-14 (2016).
Lawful conduct by the officers. In 2012 the Michigan Supreme Court held that the resisting statute did not wipe out the old common-law rule that a person may resist an unlawful arrest or other unlawful police conduct. People v. Moreno, 491 Mich. 38, 48, 51-52, 57-58 (2012). The Court of Appeals has since held that the prosecutor must establish that the officers’ actions were lawful as an element of the offense. People v. Quinn, 305 Mich. App. 484, 491-92 (2014). The Michigan Supreme Court has said the same. People v. Moreno, 491 Mich. 38, 52 (2012). A published 2026 decision applied the rule where officers handcuffed a man and walked him to a patrol car for a misdemeanor that was committed outside their presence and that did not permit a warrantless arrest. The court held his seizure was unreasonable, that he had a right to resist it, and that the resisting charge should not have gone forward. The court left the other charges in place. People v. Nordstrom, No. 375550 (Mich. Ct. App. May 26, 2026) (published; subject to revision until final publication).
What “lawful” means in practice. A brief stop needs a reasonable, particularized suspicion that you were engaged in wrongdoing. Terry v. Ohio, 392 U.S. 1, 21-22, 30 (1968). An arrest without a warrant needs probable cause under the Fourth Amendment, and in Michigan it also has to fit one of the situations listed in MCL 764.15(1), most of which turn on what the statute calls “reasonable cause.” Going into a home generally needs a warrant or a recognized exception. Payton v. New York, 445 U.S. 573, 590 (1980); see People v. Moreno, 491 Mich. 38, 41-43 (2012) (officers entered a home without a warrant). In 2024 the Michigan Supreme Court reversed convictions for fleeing and eluding and for resisting or obstructing where officers detained a man sitting alone in a legally parked car in an apartment-complex lot that police patrolled for crime, and who declined to identify himself. The Court held that presence in a high-crime area, standing alone, does not supply reasonable suspicion, and that declining to cooperate or to identify oneself, without more, does not either. It also held that the jury finds the facts, but the court remains the final judge of whether, on those facts viewed in the light most favorable to the prosecution, the officers acted lawfully. People v. Prude, 513 Mich. 377, 386, 388 (2024).
Words and conduct. The Court of Appeals has said that a knowing failure to comply with a lawful command requires some physical refusal, not just a spoken disagreement, and that the statute does not allow a conviction for using only constitutionally protected words against an officer’s actions. People v. Morris, 314 Mich. App. 399, 409 n 6, 411 (2016). The line is not always clear. Resistance can be brief, and how long it lasted is not the question. People v. Morris, 314 Mich. App. 399, 414-15 (2016). A published 2026 decision cited that rule and rejected a facial overbreadth challenge to the statute, but it also upheld the conviction of a man who ignored an officer’s commands to keep his distance while filming a traffic stop. People v. Van Net, No. 374944 (Mich. Ct. App. June 18, 2026) (published; subject to revision until final publication).
Consequences beyond the sentence
A felony record. The basic charge is a felony even though the maximum is 2 years. A conviction goes on your record as a felony and can count against you in any later case.
Supervision and money. Even when prison is not the likely result, a judge can order probation with conditions, jail, fines and costs. A probation violation can bring the original exposure back.
Record relief is limited. Resisting and obstructing is not one of the convictions Michigan bars from being set aside. It is, though, an assaultive crime under the set-aside law, and a person may not have more than two assaultive convictions set aside in a lifetime. MCL 780.621; MCL 780.621c(1).
Jobs and licenses. A felony conviction can affect work that depends on a license or a background check, and it matters a great deal for anyone in or seeking law enforcement, security, health care or education. If your job, license or school depends on a clean record, tell me at the consultation, because it changes how I approach a plea.
If the stop or arrest was unlawful
Some people charged with resisting were stopped or arrested without a legal basis. Winning the criminal case is the first step. Separately, you may have a civil claim for what the officers did. That is a different case with its own deadlines, and the criminal case can affect it. My practice includes civil rights litigation, and I look at both sides of the problem. See my Michigan civil rights attorney page and my article on suing after a wrongful arrest in Michigan. Tell me early so that nothing you do in one case hurts the other.
How I defend a resisting and obstructing arrest charge
The video and the records. I ask for body camera video from every officer on the scene, dash camera video, dispatch and 911 recordings, the reports, any jail booking video and the names of everyone who saw what happened. Agencies keep footage on a schedule, so call early. If a bystander recorded the encounter, ask that person to save the file and not post or edit it.
The stop and the arrest. I start with why the officers contacted you and what they knew at that moment. Was there reasonable suspicion for the stop? Was there probable cause for the arrest? Did they have a warrant or a lawful reason to enter a home? If the answer is no, the lawful-conduct element fails, and I raise it by motion, at the preliminary examination and at trial.
The command. I look at exactly what you were told, whether it was a lawful command and what you did. Pulling away from a grip, standing still after a command and arguing from a distance are three different things, and the video often shows what actually happened.
What you knew. The state has to prove you knew or had reason to know you were dealing with an officer. A plain clothes officer, an unmarked car or a chaotic scene can matter. The video shows what the officer said and showed.
The injury claim. When an officer says they were hurt, the charge can jump from 2 years to 4 or more. I ask for the medical records, the photos and the incident reports, and I look at whether care was actually needed and whether your conduct caused the injury.
What you said. A statement you gave to an officer can be offered against you. A party’s own statement is not hearsay when the other side offers it. MRE 801(d)(2). I find out what you said, to whom, and whether it was recorded. Do not explain or argue your side to police.
The officers’ testimony. In a felony case the preliminary examination is often my first chance to question the officers under oath. What they say there can be compared with the video and with their reports later.
Ways a resisting and obstructing case may be resolved
Whether any of these is available depends on the facts, your age, your record, the prosecutor and the judge. None is automatic.
Dismissal. If the stop or arrest was unlawful, or the video does not show what the report says, the case can be dismissed or end in an acquittal.
Delayed sentence. After a plea or a finding of guilt, where probation is available, the court can delay sentencing for up to one year to give you an opportunity to prove your eligibility for probation or other leniency compatible with the ends of justice and your rehabilitation. The court keeps its power to sentence you at any time during the delay, and the plea or finding of guilt generally stays on the record. MCL 771.1(2). What the court does at the end of that year is the judge’s decision.
Youthful trainee status. If the offense was committed when you were at least 18 but under 26, the court may, on a guilty plea and with your consent, assign you to youthful trainee status without entering a judgment of conviction. If you were 21 or older, the prosecutor must consent. Resisting and obstructing is not among the excluded offenses. If you complete the terms, the court discharges you and dismisses the case, and the discharge is not a conviction. MCL 762.11; MCL 762.14.
A plea to a lesser charge. A negotiated plea to a lesser offense, such as a misdemeanor, can change the jail exposure and what your record looks like. A prosecutor decides whether to offer one, and I do not take that for granted.
Setting aside a conviction later. Michigan lets a person with a conviction apply to the court that entered it to have it set aside. Because this offense is an assaultive crime, the limits described above apply. MCL 780.621; MCL 780.621c(1). Eligibility and timing depend on your whole record, so I check them case by case.
What happens after a resisting and obstructing arrest
- The contact. Officers stop, detain or arrest you. Whatever you say and do may be on a body camera and can be used later.
- Arrest and charging. You may be booked on the original offense, on resisting, or on both. The prosecutor reviews the reports and decides what to charge.
- Arraignment. A judge or magistrate reads the charge and sets any bond and conditions. The basic charge is a felony, so the case starts in district court.
- Probable cause conference and preliminary examination. The prosecutor must show probable cause, usually through the officers’ testimony. This is where I question them under oath.
- Circuit court and motions. If the case is bound over, it moves to circuit court. This is where motions about the stop and the arrest, plea discussions and diversion requests happen.
- Resolution. The case can end in dismissal, a plea to a lesser charge, a delayed sentence or youthful trainee status where available, or a trial.
Where your Kent County resisting and obstructing case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A resisting and obstructing charge under the basic statute is a felony, so it starts in district court with an arraignment and a probable cause hearing. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. If the case is bound over, it moves to the Kent County Circuit Court, the 17th Circuit. A related misdemeanor, such as a local ordinance violation, may be handled in district court or may travel with the felony, depending on how it is charged.
Why people hire me as their Michigan resisting arrest lawyer
You deal with the lawyer handling your case from the first call to the last day. I give you the strengths and weaknesses of the case straight, including what a conviction would mean for your freedom, your job, your license and your record. I build the case the facts support, and then we decide together how to proceed.
Fees depend on the charge, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people charged with resisting or obstructing a police officer in Kent County
What is the penalty for resisting and obstructing a police officer in Michigan?
Resisting or obstructing an officer who is performing duties is a felony with up to 2 years in prison, a fine of up to $2,000, or both. If the officer needs medical attention or care because of it, the maximum is 4 years and $5,000. A serious impairment of a body function carries up to 15 years and $10,000, and a death carries up to 20 years and $20,000. The judge decides the sentence within those limits, and a prison term may run consecutively to a term for another offense from the same incident.
Is resisting arrest a felony in Michigan?
Yes. The basic charge under the resisting and obstructing statute is a felony, even though the maximum is 2 years. Many people expect a misdemeanor. The prosecutor may agree to a plea to a lesser charge, but that is a negotiation, not a right, and I do not assume it will happen.
Do the police have to be acting lawfully for me to be convicted of resisting?
Yes. The Michigan Supreme Court held that the resisting statute did not abolish the common-law right to resist unlawful police conduct, and the Court of Appeals has said the prosecutor must prove the officers’ actions were lawful as an element of the offense. If the stop lacked reasonable suspicion, the arrest lacked probable cause or the officers had no legal basis to enter a home, the charge can fail. The jury decides disputed facts, and the court decides lawfulness, viewing the facts in the light most favorable to the prosecution. I start every case by asking what the officers knew when they made contact.
Can I be convicted for arguing with an officer or refusing to follow an order?
Words alone are not enough in the usual case. The Court of Appeals has said that a knowing failure to comply with a lawful command requires some physical refusal, not just a spoken disagreement, and that a person cannot be convicted for using only constitutionally protected words against an officer’s actions. But conduct counts. Pulling your arm away, ignoring an order to put your hands behind your back or stiffening up can be charged, and resistance can last only a moment. The video usually shows which side of the line you were on.
What if I did not know the person was a police officer?
The prosecutor must prove you knew or had reason to know the person was performing official duties. An officer in plain clothes, an unmarked car, a dark scene or a fast-moving encounter can raise real questions. The test looks at the facts, so body camera video of what the officer said and showed can matter a great deal.
Who counts as an officer under the law, and what counts as obstructing?
The statute covers police officers of the state and local governments, campus police, sheriffs and deputies, constables, conservation officers, federal peace officers, firefighters, emergency medical personnel and people engaged in a search and rescue operation. Reserve police officers count. To obstruct includes the use or threatened use of physical interference or force, or a knowing failure to comply with a lawful command.
What if the officer says I hurt them?
The higher levels apply only if the conduct causes a bodily injury that requires medical attention or care, a serious impairment of a body function, or death. The state has to prove the injury and that your conduct caused it. I ask for the medical records, photos and video, and I look at whether care was needed and where the injury came from. A separate assault charge can also be filed.
Can I physically resist an arrest I think is unlawful?
Michigan has kept the old common-law rule that a person may resist an unlawful arrest, but I do not advise using it on the street. A judge or jury decides later whether the arrest was lawful, and if they disagree with you, you face a felony. Officers can use force, and you can be hurt. If you think an arrest is wrong, do not resist. Say that you want a lawyer and stop talking. We fight it in court, where an unlawful arrest is a defense.
Can I be charged with other crimes along with resisting, and can the sentences run back to back?
Yes to both. The statute does not stop the prosecutor from also charging any other crime you are accused of committing while you were resisting or obstructing, and a prison term for resisting may run consecutively to a term for that other offense. I look at whether each added charge holds up on its own.
Should I talk to the police about what happened?
No. A statement of a party that is offered against that party is not hearsay, so what you tell an officer, on camera or off, can be used to prove what you knew and what you did. You can say you want a lawyer and then stop talking. Do not argue about the arrest or write out an explanation. If you are driving, Michigan law requires you to show your license when an officer demands it and, if your vehicle is registered in Michigan, to produce proof of insurance on request. Hand those over and decline to discuss what happened. Be polite and do not resist.
Can a resisting and obstructing charge be dismissed or reduced?
In some cases, but it is not automatic. If the stop or arrest was unlawful, the lawful-conduct element fails and the case can be dismissed. If you were at least 18 but under 26 when it happened, the judge may assign youthful trainee status on a guilty plea, with your consent. If you complete the terms, the case is discharged and dismissed, and the discharge is not a conviction. Where probation is available, the court can delay sentencing for up to one year to give you a chance to prove you deserve probation or other leniency, but that does not erase a plea or a finding of guilt. A prosecutor may also agree to a plea to a lesser charge. I tell you which paths fit your case.
Can a resisting and obstructing conviction be set aside later?
Possibly. Resisting and obstructing is not on the list of convictions Michigan bars from being set aside. It is an assaultive crime under the set-aside law, though, and a person may not have more than two assaultive convictions set aside in a lifetime. The law also limits how many felonies a person can have on the record and still apply. Timing and eligibility depend on your whole record, so I review it before I tell you where you stand.
Can I sue if the police arrested me unlawfully?
Possibly. An unlawful arrest or excessive force can support a civil claim under federal law, separate from the criminal case. Deadlines apply, officers often raise immunity defenses, and the result of the criminal case can affect the civil claim. If you think your arrest was unlawful, tell me early so I can protect both cases.
Related Michigan pages
For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page. If the arrest also involved an assault allegation, see my Grand Rapids assault lawyer page. If it began as a domestic call, see my Grand Rapids domestic violence lawyer page. If it began as a traffic stop for drunk driving, see my Michigan OWI lawyer page. If drugs were found during the same stop, see my Grand Rapids drug crimes lawyer page. If you are on probation, see my Grand Rapids probation violation lawyer page. For short answers on other Michigan legal questions, see the Michigan legal FAQs page. If a conviction needs to be challenged on appeal, see my Michigan appeals lawyer page. My practice also covers civil rights and business disputes, including civil rights, civil litigation and business litigation.
If you were just arrested, my page on what happens after an arrest in Kent County walks through booking, bond and the first hearings.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Charged with resisting or obstructing a police officer in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.